Selected quad for the lemma: religion_n
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A56410
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An examination of Dr. Sherlock's book entituled, The case of the allegiance due to sovereign powers, stated and resolved, &c. by James Parkinson ...
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Parkinson, James, 1653-1722.
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1691
(1691)
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Wing P493; ESTC R14794
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32,398
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38
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Law He blames those that have not taken the Oaths Page 2. because they go wholly upon this Principle That Allegiance is due only to Legal Right and take away says he that and you remove all the difficulties they labour under and I suppose it is for their sakes that he has as far as in him lay taken away the Legal Right from their Majesties that so he might remove all the difficulties which the Non-swearers labour under But he seems not to care what becomes of their Majesties nor what difficulties he throws them into And he blames likewise many of those that have writ in defence of the new Oaths because they suppose that a Legal Right is necessary to make Allegiance due Page 1. and have therefore endeavoured to justify the Legal Right of their present Majesties This it seems is become a Crime to justify the Legal Right of Their present Majesties which yet if we do not justify we condemn our selves But why should we not justify the Legal Right of Their present Majesties Why should we for the sake of a few Non-swearees betray our Cause and tacitly own that we believe King William and Queen Mary to be Usurpers He gives two reasons for this and I think he is a very bold Man that will venture to give reasons for so unreasonable a thing Now his Reasons are 1st Because it is unfit to dispute the Rights of Princes 2d Because it is unnecessary 1. Because 't is unfit to dispute the Rights of Princes But though it may not be fit to dispute the Right of a Prince Page 1. when settled on the Throne yet it might have been fit to assert it though no Government can permit it to be a Question yet it might have been his declared Opinion one would think that he out of gratitude to his Royal Patron should have own'd him to be Rightful King nay methinks his interest should have prompted him to it For I must tell him there is this in the case which he little thought of That if K. William have not a legal Right to the Crown Dr. W. Sherlock can have no legal Right to the Mastership of the Temple For 't is the Law alone that invests King William with a Power to bestow these Preferments and therefore if the King be only King de facto that is in his sense an Usurper I know not how the Doctor will be able to make out that he is any more than de facto Master of the Temple without a Legal Right to his Place A froward Prince would hardly bear such ill treatment as this I 'm sure his Legal King would not and a mild King does not deserve it from him I doubt not but he has done a great deal of mischief though I do not say he design'd it by refusing to take the Oaths And did it become him to publish such a Book to the World and by implication declare to all his fellow Subjects That he for his part does not look upon King William and Queen Mary to whom he has sworn Allegiance to be any more than a King and Queen de facto that is according to him Usurpers 2. He says 'T is unnecessary to defend the Legal Right of King William and Queen Mary For whom is it unnecessary For him it may be because he does not believe it but 't is not unnecessary for those that own their Legal Right Nay there is nothing more necessary than this and therefore two Parliaments this and the last have recogniz'd their Title But it seems those Parliaments did a very needless thing and wanted this Doctor to give them better Advice for he that can sit in his Study and there make and unmake Kings at his pleasure may surely be fit to give Counsel to Parliaments The Doctor and I are in one thing agreed That Allegiance is due to King William and Queen Mary but we differ about the foundation and reason of our Allegiance He thinks that we ought not to take the consideration of Right into the Settlement of Government Page 18. for he says A Prince may be settled in his Throne without Legal Right and when he is so God has made him our King and requires our Obedience and I cannot be of his Opinion He says That his Allegiance may be due to one who has no Legal Right to Govern him I say that I owe Allegiance to none but him who has the Legal Right I shall therefore do these two things 1. I shall give my own Opinion with the Grounds and Reasons of it 2. I shall examine his I. I shall give my Opinion with the Grounds and Reasons of it which I shall do in these following Propositions 1. Allegiance is Obedience according to Law 2. No Man can have any Right to my Allegiance who is not my Lawful King These Propositions are I think in themselves evident and need no proof And therefore 3. King William and Queen Mary are Lawful and Rightful King and Queen of England and the Dominions thereunto belonging This appears plainly from that Declaration which the Lords and Commons Assembled at Westminster presented to their Highnesses the Prince and Princess of Orange Feb. 13. 1688. wherein they set forth Declaration of Lords and Commons presented to the Prince and Princess of Orange That King James by the assistance of divers evil Counsellors Judges and Ministers employ'd by him had endeavoured to extirpate the Protestant Religion and the Laws and Liberties of this Kingdom and many instances they give of his misgovernment and that he had Abdicated the Government and the Throne was become Vacant And then they assert the several Rights of the Subject which the late King had notoriously violated and last of all Having an entire confidence that his Highness the Prince of Orange would preserve them from the violation of their Rights and from all attempts upon their Religion Laws and Liberties they resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging And the Prince and Princess of Orange at the Request and by the Advice of the Lords and Commons 1o. Willielam Mariae c. 1. did accept the Crown and Royal Dignity of King and Queen of England France and Ireland and the Dominions and Territories thereto belonging They did accept the Crown they did not snatch it by force and violence They were no Conquerors no Usurpers And afterwards in an Act past December 16. 1689. the same Parliament recogniz'd their Title in these words The Lords Spiritual and Temporal and Commons seriously considering how it hath pleas'd Almighty God in his marvellous Providence and merciful Goodness to this Nation to provide and preserve Their said Majesties Royal Persons most happily to reign over us upon the Throne of Their Ancestors for which they render unto him from the bottom of their hearts their humblest thanks and praises do truly